Water Rights

What Are Water Rights?

Photo by Department of Water Resources

A water right is legal permission to use a reasonable amount of water for a beneficial purpose such as swimming, fishing, farming
or industry. California water rights law is administered by the State Water
Resources Control Board’s Division of Water Rights (State Water Board). The State Water Board is the only agency with
authority to administer water rights in California. If you take water from a lake, river, stream, or creek, or from underground
supplies for a beneficial use, the California
Water Code requires that you have a water right. If you began using surface water or groundwater from a subterranean stream after
1914, when the Water Commission Act was enacted, unless you have a riparian right, you must apply for and receive approval from the
State Water Board before using water. If the state approves your application, you will receive a water right permit.

CDFW's Role in the Water Rights Process

As trustee for California’s fish and wildlife resources, the CDFW has jurisdiction over the conservation,
protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those
species. The California Water Code requires
that when considering the appropriation of water, the State Water Board consult with CDFW on the amounts of water needed for fish and
wildlife. CDFW staff reviews applications to appropriate new sources of water, to change existing uses of water, and to transfer water.
As a result of these reviews, CDFW may file protests or complaints to avoid adverse impacts on public trust resources.

CDFW has the authority to impose conditions to protect fish and wildlife in Small Domestic Use, Small Irrigation Use, and Livestock
Stockpond Use Registrations. CDFW engages in the State Water Board’s water right process via review, analysis, and comment on new water
rights applications, development of conditions for water right permits and licenses, as well as any proposed changes to existing water
rights. CDFW applies science through the identification of studies, surveys, and data needs required for evaluation of baseline
conditions associated with water projects, development of bypass flows and other conditions necessary to protect fish and wildlife
resources, and development of terms and conditions to protect public trust resources for water transfer change petitions.

Program Structure & Key Activities

As part of the Water Branch’s Statewide Water Planning Program, the Water Rights coordinator works closely with the State Water Board
and CDFW Regional staff on statewide water rights policies and issues of interest to CDFW. Regional staff routinely review new water
rights applications, registrations, and change petitions that are filed with the State Water Board. Staff participates in early
consultation with federal, State, and local agencies, project applicants, and other water rights holders, including field inspections of
proposed water project sites in order to develop adequate fish and wildlife mitigation measures. Key activities include:

Coordinate on water rights issues with the State Water Board, CDFW Regional, headquarters, and Office of the General Council staff;
federal, State, and local agencies; and the regulated and environmental communities.

Assist CDFW Regions and State Water Board on field inspections and evaluations of water right project sites and violations.

Ensure protection of existing stream flow for fish and wild life resources through coordination with CDFW’s Fisheries and
Instream Flow functions